PUKHRAJ SINGH Vs. JHUMKO BAI

JUDGEMENT

(1.) This appeal under section 100 CPC by the defendant No.1 is directed against the confirming judgment and decree dated 18/01/2013 passed in civil appeal No.13A/2012 by Additional District Judge, Chachoda District Guna. Plaintiffs' suit for declaration, injunction and mesne profits has been decreed by Civil Judge, Class -I, Chachoda, District Guna in civil suit No.19A/2011 vide the judgment and decree dated 06/02/2012.

(2.) Facts necessary for disposal of this appeal are in narrow compass: Suit for declaration, injunction and mesne profits has been filed inter alia contending that the suit land as described in paragraph 1 of the plaint was of the joint ownership of the plaintiffs' having succeeded to the same from Kailash, husband of plaintiff No.1 and father of plaintiffs' No.2 and 3, who was granted the patta by the State Government in the year 1975 -76 and thereafter in the year 1986, bhumi swmi rights were conferred upon him and accordingly, his name was mutated in the revenue record as bhumi swami of the suit land. Defendant No.1 having no right, title and interest over the suit land had taken forcible possession from the plaintiffs' in the year 2011 and in collusion with the revenue authorities, got his name mutated substituting to that of late Kailash and the plaintiffs' without notice and without hearing the plaintiffs'. Hence, the instant suit has been filed for declaration, recovery of possession and mesne profits.

(3.) Defendant No.1 filed written statement and denied plaint allegations. It is contended that the suit land was of the ownership of his father, Jagannath who died in the year 1990. Thereafter in the year 2006, the suit land was partitioned amongst his brothers'. Hence, the name of defendant continued in the revenue record as bhumi swami and he is in possession thereof. However, the defendant has expressed ignorance as regards grant of patta in favour of Kailash, the entry in the revenue record in the name of Kailash and mutation of names of plaintiffs' after his death till the alleged claim of partition in the suit land. With the aforesaid submissions prayed for dismissal of the suit.